Law: Constitution of Pakistan, 1973

Section: 185(3),199

Criminal Procedure Code (V of 1898)--S. 439-A--Penal Code (XLV of 1860), S.307/109/148/149/506--Constitution of Pakistan (1973), Arts. 185(3) & 199--Leave to appeal granted to examine the questions whether by omission to frame a charge alone, the acquittal could have been set aside on the asking of the complainant party; whether the Sessions Court had no jurisdiction to set aside acquittal and order re-trial under S. 439-A, Cr.P.C. and whether the High Court notwithstanding any legal defect should be disturbed. Yusuf Ali Khan, Bar-at-Law, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 27th November, 1988. ORDER JAVID IQBAL, J.--This petition for leave is directed against judgment of the Lahore High Court, Lahore dated 7th October, 1984 whereby writ petition of the respondents was accepted. Briefly the facts are that a case was registered against the respondents under section 307/109/148/149/506, P.P.C., but they were acquitted of the aforesaid charges by Magistrate Section 30, Jhang. Thereupon the petitioner i.e. complainant side brought a revision petition before the Additional…

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